The blatant disregard for human suffering in Indian Illegally Occupied Jammu and Kashmir (IIOJK) through military siege is an international law breach. It caught the attention of international media and human welfare organizations in 2019 but it is gradually decreasing with time.
There have been a series of events in Kashmir that reflect the atrocities of the Indian government on our Kashmiri brothers and the existence of hatred against them. Pakistan observes “Youm-e-Istehsal” on this day to express solidarity with oppressed Kashmiris in IIOJK besieged by India’s decision of 5th August 2019.
Read more: The threat to freedom in Kashmir Valley
Illegal and Undemocratic Abrogation of Article 370
Article 370 allowed Indian Illegally Occupied Jammu & Kashmir to retain autonomy in all matters, except defense, currency, and foreign affairs. India has also upended its own constitution: the presidential order revoking Article 370 stresses taking consent of IIOJK. The consent was taken from the governor, a representative of the center, without the elected legislature which is entirely unlawful.
The abrogation has exposed Kashmiri ‘accession’ as a sham, which exposed India as an occupation force in IIOJK and brought into question Indian Democratic norms. It is against the Indian Constitution, UN Resolutions, Geneva Convention, will of the Kashmiri people, and international laws. It is stated in The Indian Constitution that Article 370 cannot be revoked unilaterally. In this specific case, the Indian authority went against its own constitution just to violate rights of the people.
Bharatiya Janata Party (BJP) government has clearly violated international law. It was an undemocratic and illegal move to abrogate Article 370 is a clear violation of UNSC resolutions on Kashmir namely UNSCR 38, 47, 51, 91 and 122. Unilateral action to change the status quo in IIOJK also violates the 1972-Simla Agreement between India and Pakistan. India is using black laws like Public Safety Act (PSA) and Unlawful Activities (Prevention) Act (UAPA) in IIOJK to arrest the Kashmiris
Demographic and Political Engineering Aimed at Palestinising Kashmir
The removal of 35A is aimed at affecting a demographic change, which BJP considers prescriptive for controlling the territory. Kashmiris fear what they call BJP’s “Israeli model” to establish settler colonies that will favor Indian rule in the disputed region. Since 1991, Armed Forces Special Powers Act (AFSPA) has become pivotal in controlling the region with 900,000 Indian troops.
The current soldier-civilian ratio of 1:8 makes IIOJK one of the most militarized regions in the world. After Article 35A, things are getting even worse for Kashmiris. The fear of an Indian settler influx that would alter the demography of the region in India’s favor, is real for Kashmiris.
War Crimes and Genocide in IIOJK
There is widespread and frequent fighting throughout Kashmir and military operations by regular armed forces; which make Common Article 3 applicable to the conflict in IIOJK. According to the latest report released by the Research Section of Kashmir Media Service (KMS) on 5th July 2022, “Indian troops in their continued acts of state terrorism martyred 140 Kashmiris including five boys from January 1, 2022, till the first week of July 2022 in Indian illegally occupied Jammu and Kashmir.”
Nineteen young boys were killed in fake encounters while eight hundred and fifty-four were arrested during the past six months in IIOJK. Indian troops destroyed over thirty-four houses and structures by using chemical substance during a cordon and search operations.”
KFM; An Indigenous Struggle against Seven Decades of Oppression
Internally, the surge in India’s genocidal, oppressive and coercive tactics has exacerbated the deprivation and political alienation of Kashmiris giving impetus to the indigenous freedom movement in IIOJK. Despite the frustration of innocent Kashmiris due to perpetual injustice being the root cause of public uprising, India has the propensity to blame Pakistan for every ill/ woe.
Indian Armed Forces have always found a convenient scapegoat in the shape of Pakistan to divert public attention from their incompetence and spectacular failures. The indigenous freedom struggle in IIOJK is a reaction to the atrocities, humiliation and injustices faced by the Kashmiris for the last seven decades.
Kashmir in Global Limelight
Kashmir has witnessed unprecedented internationalization since 5th August 2019. Pakistan has sensitized the world about the designs and machinations of the BJP government and the dangers that the philosophy of Hindutva poses to regional peace and security.
We have not only rejected Indian actions of August 5 but have also been undertaking a diplomatic offensive against Modi. Pakistan has also highlighted dangers lurking in IIOJK due to RSS ideology.
India’s Nefarious Plan to Hold G20 Meeting in IIOJK
India is contemplating holding any G20-related meeting/event in IIOJK, in utter disregard of the globally acknowledged “disputed” status of the territory, is a travesty that the international community should not accept under any circumstances. Through such a controversial proposal, India is tricking to seek international legitimacy for an illegal and tyrannical occupation continuing for over seven decades India’s plan to hold G20 meeting in IIOJK violates UN International resolutions on the disputed nature of IIOJK.
Read more: Pakistan protests before UNSC over Kashmir
BJP government has been openly violating international law and it is high time for them to realize the seriousness of the issue. Kashmiris are no longer going to tolerate this inhumane treatment from Indian authorities. People protest in Pakistan every year on the 5th of August since 2019 to highlight the plight of Kashmiris.
The writer has done MPhil in Peace and Conflict Studies from National Defence University. The views expressed in the article are the author’s own and do not necessarily reflect the editorial policy of Global Village Space.